| 1 | A bill to be entitled |
| 2 | An act relating to facilities for retained spring training |
| 3 | franchises; amending s. 212.20, F.S.; revising a |
| 4 | limitation on certain distributions to certified |
| 5 | facilities for a retained spring training franchise; |
| 6 | deleting a provision entitling an applicant to receive |
| 7 | certain distributions without additional certification; |
| 8 | amending s. 288.1162, F.S.; requiring the Office of |
| 9 | Tourism, Trade, and Economic Development to competitively |
| 10 | evaluate applications for funding of certain additional |
| 11 | facilities; providing application and certification |
| 12 | requirements; specifying evaluation criteria; revising the |
| 13 | number of certifications of such facilities; providing |
| 14 | additional requirements with respect to certification as a |
| 15 | facility for a new professional sports franchise or a |
| 16 | facility for a retained professional sports franchise; |
| 17 | providing for repeal of the requirements by a specified |
| 18 | date; amending s. 218.61, F.S.; providing that |
| 19 | distributions of the local government half-cent sales tax |
| 20 | to the governing body of a county and of each municipality |
| 21 | be made after funding is provided pursuant to s. |
| 22 | 218.64(3), F.S., if applicable; amending s. 218.64, F.S.; |
| 23 | authorizing counties and certain municipalities within |
| 24 | such counties to use up to $2 million annually from local |
| 25 | government half-cent sales tax distributions for funding |
| 26 | for a certified facility for a new professional sports |
| 27 | franchise, a facility for a retained professional sports |
| 28 | franchise, a facility for a retained spring training |
| 29 | franchise, or a motorsports entertainment complex; |
| 30 | creating s. 288.1171, F.S.; providing for the |
| 31 | certification of motorsports entertainment complexes by |
| 32 | the Office of Tourism, Trade, and Economic Development of |
| 33 | the Executive Office of the Governor; providing |
| 34 | definitions; providing requirements for certification; |
| 35 | requiring specified notice; providing for use of the funds |
| 36 | distributed to a motorsports entertainment complex; |
| 37 | providing for audits by the Department of Revenue; |
| 38 | providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Paragraph (d) of subsection (6) of section |
| 43 | 212.20, Florida Statutes, is amended to read: |
| 44 | 212.20 Funds collected, disposition; additional powers of |
| 45 | department; operational expense; refund of taxes adjudicated |
| 46 | unconstitutionally collected.-- |
| 47 | (6) Distribution of all proceeds under this chapter and s. |
| 48 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 49 | (d) The proceeds of all other taxes and fees imposed |
| 50 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 51 | and (2)(b) shall be distributed as follows: |
| 52 | 1. In any fiscal year, the greater of $500 million, minus |
| 53 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 54 | collected pursuant to chapter 201, or 5 percent of all other |
| 55 | taxes and fees imposed pursuant to this chapter or remitted |
| 56 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 57 | monthly installments into the General Revenue Fund. |
| 58 | 2. Two-tenths of one percent shall be transferred to the |
| 59 | Ecosystem Management and Restoration Trust Fund to be used for |
| 60 | water quality improvement and water restoration projects. |
| 61 | 3. After the distribution under subparagraphs 1. and 2., |
| 62 | 8.814 percent of the amount remitted by a sales tax dealer |
| 63 | located within a participating county pursuant to s. 218.61 |
| 64 | shall be transferred into the Local Government Half-cent Sales |
| 65 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 66 | be transferred pursuant to this subparagraph to the Local |
| 67 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 68 | reduced by 0.1 percent, and the department shall distribute this |
| 69 | amount to the Public Employees Relations Commission Trust Fund |
| 70 | less $5,000 each month, which shall be added to the amount |
| 71 | calculated in subparagraph 4. and distributed accordingly. |
| 72 | 4. After the distribution under subparagraphs 1., 2., and |
| 73 | 3., 0.095 percent shall be transferred to the Local Government |
| 74 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 75 | to s. 218.65. |
| 76 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 77 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 78 | this paragraph shall be transferred monthly to the Revenue |
| 79 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 80 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 81 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 82 | this paragraph shall be transferred monthly to the Revenue |
| 83 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 84 | the total revenue to be distributed pursuant to this |
| 85 | subparagraph is at least as great as the amount due from the |
| 86 | Revenue Sharing Trust Fund for Municipalities and the former |
| 87 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 88 | 1999-2000, no municipality shall receive less than the amount |
| 89 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 90 | the former Municipal Financial Assistance Trust Fund in state |
| 91 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 92 | are less than the amount received in combination from the |
| 93 | Revenue Sharing Trust Fund for Municipalities and the former |
| 94 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 95 | 1999-2000, each municipality shall receive an amount |
| 96 | proportionate to the amount it was due in state fiscal year |
| 97 | 1999-2000. |
| 98 | 7. Of the remaining proceeds: |
| 99 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 100 | divided into as many equal parts as there are counties in the |
| 101 | state, and one part shall be distributed to each county. The |
| 102 | distribution among the several counties shall begin each fiscal |
| 103 | year on or before January 5th and shall continue monthly for a |
| 104 | total of 4 months. If a local or special law required that any |
| 105 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 106 | then-existing provisions of s. 550.135 be paid directly to the |
| 107 | district school board, special district, or a municipal |
| 108 | government, such payment shall continue until such time that the |
| 109 | local or special law is amended or repealed. The state covenants |
| 110 | with holders of bonds or other instruments of indebtedness |
| 111 | issued by local governments, special districts, or district |
| 112 | school boards prior to July 1, 2000, that it is not the intent |
| 113 | of this subparagraph to adversely affect the rights of those |
| 114 | holders or relieve local governments, special districts, or |
| 115 | district school boards of the duty to meet their obligations as |
| 116 | a result of previous pledges or assignments or trusts entered |
| 117 | into which obligated funds received from the distribution to |
| 118 | county governments under then-existing s. 550.135. This |
| 119 | distribution specifically is in lieu of funds distributed under |
| 120 | s. 550.135 prior to July 1, 2000. |
| 121 | b. The department shall distribute $166,667 monthly |
| 122 | pursuant to s. 288.1162 to each applicant that has been |
| 123 | certified as a "facility for a new professional sports |
| 124 | franchise" or a "facility for a retained professional sports |
| 125 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 126 | distributed monthly by the department to each applicant that has |
| 127 | been certified as a "facility for a retained spring training |
| 128 | franchise" pursuant to s. 288.1162; however, not more than |
| 129 | $416,670 $208,335 may be distributed monthly in the aggregate to |
| 130 | all certified facilities for a retained spring training |
| 131 | franchise. Distributions shall begin 60 days following such |
| 132 | certification and shall continue for not more than 30 years. |
| 133 | Nothing contained in this paragraph shall be construed to allow |
| 134 | an applicant certified pursuant to s. 288.1162 to receive more |
| 135 | in distributions than actually expended by the applicant for the |
| 136 | public purposes provided for in s. 288.1162(6). However, a |
| 137 | certified applicant is entitled to receive distributions up to |
| 138 | the maximum amount allowable and undistributed under this |
| 139 | section for additional renovations and improvements to the |
| 140 | facility for the franchise without additional certification. |
| 141 | c. Beginning 30 days after notice by the Office of |
| 142 | Tourism, Trade, and Economic Development to the Department of |
| 143 | Revenue that an applicant has been certified as the professional |
| 144 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 145 | public, $166,667 shall be distributed monthly, for up to 300 |
| 146 | months, to the applicant. |
| 147 | d. Beginning 30 days after notice by the Office of |
| 148 | Tourism, Trade, and Economic Development to the Department of |
| 149 | Revenue that the applicant has been certified as the |
| 150 | International Game Fish Association World Center facility |
| 151 | pursuant to s. 288.1169, and the facility is open to the public, |
| 152 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 153 | the applicant. This distribution is subject to reduction |
| 154 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 155 | made, after certification and before July 1, 2000. |
| 156 | 8. All other proceeds shall remain with the General |
| 157 | Revenue Fund. |
| 158 | Section 2. Paragraph (c) of subsection (5) and subsection |
| 159 | (7) of section 288.1162, Florida Statutes, are amended to read: |
| 160 | 288.1162 Professional sports franchises; spring training |
| 161 | franchises; duties.-- |
| 162 | (5) |
| 163 | (c)1. The Office of Tourism, Trade, and Economic |
| 164 | Development shall competitively evaluate applications for |
| 165 | funding of a facility for a retained spring training franchise. |
| 166 | Applications must be submitted by October 1, 2000, with |
| 167 | certifications to be made by January 1, 2001. If the number of |
| 168 | applicants exceeds five and the aggregate funding request of all |
| 169 | applications exceeds $208,335 per month, the office shall rank |
| 170 | the applications according to a selection criteria, certifying |
| 171 | the highest ranked proposals. The evaluation criteria shall |
| 172 | include, with priority given in descending order to the |
| 173 | following items: |
| 174 | a.1. The intended use of the funds by the applicant, with |
| 175 | priority given to the construction of a new facility. |
| 176 | b.2. The length of time that the existing franchise has |
| 177 | been located in the state, with priority given to retaining |
| 178 | franchises that have been in the same location the longest. |
| 179 | c.3. The length of time that a facility to be used by a |
| 180 | retained spring training franchise has been used by one or more |
| 181 | spring training franchises, with priority given to a facility |
| 182 | that has been in continuous use as a facility for spring |
| 183 | training the longest. |
| 184 | d.4. For those teams leasing a spring training facility |
| 185 | from a unit of local government, the remaining time on the lease |
| 186 | for facilities used by the spring training franchise, with |
| 187 | priority given to the shortest time period remaining on the |
| 188 | lease. |
| 189 | e.5. The duration of the future-use agreement with the |
| 190 | retained spring training franchise, with priority given to the |
| 191 | future-use agreement having the longest duration. |
| 192 | f.6. The amount of the local match, with priority given to |
| 193 | the largest percentage of local match proposed. |
| 194 | g.7. The net increase of total active recreation space |
| 195 | owned by the applying unit of local government following the |
| 196 | acquisition of land for the spring training facility, with |
| 197 | priority given to the largest percentage increase of total |
| 198 | active recreation space. |
| 199 | h.8. The location of the facility in a brownfield, an |
| 200 | enterprise zone, a community redevelopment area, or other area |
| 201 | of targeted development or revitalization included in an Urban |
| 202 | Infill Redevelopment Plan, with priority given to facilities |
| 203 | located in these areas. |
| 204 | i.9. The projections on paid attendance attracted by the |
| 205 | facility and the proposed effect on the economy of the local |
| 206 | community, with priority given to the highest projected paid |
| 207 | attendance. |
| 208 | 2. Beginning July 1, 2006, the Office of Tourism, Trade, |
| 209 | and Economic Development shall competitively evaluate |
| 210 | applications for funding of facilities for retained spring |
| 211 | training franchises in addition to those certified and funded |
| 212 | under subparagraph 1. An applicant that is a unit of government |
| 213 | that has an agreement for a retained spring training franchise |
| 214 | for 15 or more years which was entered into between July 1, |
| 215 | 2003, and July 1, 2004, shall be eligible for funding. |
| 216 | Applications must be submitted by October 1, 2006, with |
| 217 | certifications to be made by January 1, 2007. The office shall |
| 218 | rank the applications according to selection criteria, |
| 219 | certifying no more than five proposals. The aggregate funding |
| 220 | request of all applicants certified shall not exceed an |
| 221 | aggregate funding request of $208,335 per month. The evaluation |
| 222 | criteria shall include the following, with priority given in |
| 223 | descending order: |
| 224 | a. The intended use of the funds by the applicant for |
| 225 | acquisition or construction of a new facility. |
| 226 | b. The intended use of the funds by the applicant to |
| 227 | renovate a facility. |
| 228 | c. The length of time that a facility to be used by a |
| 229 | retained spring training franchise has been used by one or more |
| 230 | spring training franchises, with priority given to a facility |
| 231 | that has been in continuous use as a facility for spring |
| 232 | training the longest. |
| 233 | d. For those teams leasing a spring training facility from |
| 234 | a unit of local government, the remaining time on the lease for |
| 235 | facilities used by the spring training franchise, with priority |
| 236 | given to the shortest time period remaining on the lease. For |
| 237 | consideration under this subparagraph, the remaining time on the |
| 238 | lease shall not exceed 5 years, unless an agreement of 15 years |
| 239 | or more was entered into between July 1, 2003, and July 1, 2004. |
| 240 | e. The duration of the future-use agreement with the |
| 241 | retained spring training franchise, with priority given to the |
| 242 | future-use agreement having the longest duration. |
| 243 | f. The amount of the local match, with priority given to |
| 244 | the largest percentage of local match proposed. |
| 245 | g. The net increase of total active recreation space owned |
| 246 | by the applying unit of local government following the |
| 247 | acquisition of land for the spring training facility, with |
| 248 | priority given to the largest percentage increase of total |
| 249 | active recreation space. |
| 250 | h. The location of the facility in a brownfield area, an |
| 251 | enterprise zone, a community redevelopment area, or another area |
| 252 | of targeted development or revitalization included in an urban |
| 253 | infill redevelopment plan, with priority given to facilities |
| 254 | located in those areas. |
| 255 | i. The projections on paid attendance attracted by the |
| 256 | facility and the proposed effect on the economy of the local |
| 257 | community, with priority given to the highest projected paid |
| 258 | attendance. |
| 259 | (7)(a) The Office of Tourism, Trade, and Economic |
| 260 | Development shall notify the Department of Revenue of any |
| 261 | facility certified as a facility for a new professional sports |
| 262 | franchise or a facility for a retained professional sports |
| 263 | franchise or as a facility for a retained spring training |
| 264 | franchise. The Office of Tourism, Trade, and Economic |
| 265 | Development shall certify no more than eight facilities as |
| 266 | facilities for a new professional sports franchise or as |
| 267 | facilities for a retained professional sports franchise and |
| 268 | shall certify at least five as facilities for retained spring |
| 269 | training franchises, including in such total any facilities |
| 270 | certified by the Department of Commerce before July 1, 1996. The |
| 271 | number of facilities certified as a retained spring training |
| 272 | franchise shall be as provided in subsection (5). The office may |
| 273 | make no more than one certification for any facility. The office |
| 274 | may not certify funding for less than the requested amount to |
| 275 | any applicant certified as a facility for a retained spring |
| 276 | training franchise. |
| 277 | (b) The eighth certification of an applicant under this |
| 278 | section as a facility for a new professional sports franchise or |
| 279 | a facility for a retained professional sports franchise shall be |
| 280 | for a franchise that is a member of the National Basketball |
| 281 | Association, has been located within the state since 1987, and |
| 282 | has not been previously certified. This paragraph is repealed |
| 283 | July 1, 2010. |
| 284 | Section 3. Subsection (2) of section 218.61, Florida |
| 285 | Statutes, is amended to read: |
| 286 | 218.61 Local government half-cent sales tax; designated |
| 287 | proceeds; trust fund.-- |
| 288 | (2) Money remitted by a sales tax dealer located within |
| 289 | the county and transferred into the Local Government Half-cent |
| 290 | Sales Tax Clearing Trust Fund shall be earmarked for |
| 291 | distribution to the governing body of that county and of each |
| 292 | municipality within that county. Such distributions shall be |
| 293 | made after funding is provided pursuant to s. 218.64(3), if |
| 294 | applicable. Such moneys shall be known as the "local government |
| 295 | half-cent sales tax." |
| 296 | Section 4. Present subsection (3) of section 218.64, |
| 297 | Florida Statutes, is redesignated as subsection (4), and a new |
| 298 | subsection (3) is added to that section, to read: |
| 299 | 218.64 Local government half-cent sales tax; uses; |
| 300 | limitations.-- |
| 301 | (3) Subject to ordinances enacted by the majority of the |
| 302 | members of the county governing authority and by the majority of |
| 303 | the members of the governing authorities of municipalities |
| 304 | representing at least 50 percent of the municipal population of |
| 305 | such county, counties may use up to $2 million annually of the |
| 306 | local government half-cent sales tax allocated to that county |
| 307 | for funding for any of the following applicants: |
| 308 | (a) A certified applicant as a "facility for a new |
| 309 | professional sports franchise," a "facility for a retained |
| 310 | professional sports franchise," or a "facility for a retained |
| 311 | spring training franchise," as provided for in s. 288.1162. It |
| 312 | is the Legislature's intent that the provisions of s. 288.1162, |
| 313 | including, but not limited to, the evaluation process by the |
| 314 | Office of Tourism, Trade, and Economic Development except for |
| 315 | the limitation on the number of certified applicants or |
| 316 | facilities as provided in that section and the restrictions set |
| 317 | forth in s. 288.1162(9), shall apply to an applicant's facility |
| 318 | to be funded by local government as provided in this subsection. |
| 319 | (b) A certified applicant as a "motorsport entertainment |
| 320 | complex," as provided for in s. 288.1171. Funding for each |
| 321 | franchise or motorsport complex shall begin 60 days after |
| 322 | certification and shall continue for not more than 30 years. |
| 323 | Section 5. Section 288.1171, Florida Statutes, is created |
| 324 | to read: |
| 325 | 288.1171 Motorsports entertainment complex; definitions; |
| 326 | certification; duties.-- |
| 327 | (1) As used in this section, the term: |
| 328 | (a) "Applicant" means the owner of a motorsports |
| 329 | entertainment complex. |
| 330 | (b) "Motorsports entertainment complex" means a closed- |
| 331 | course racing facility. |
| 332 | (c) "Motorsports event" means a motorsports race that has |
| 333 | been sanctioned by a sanctioning body. |
| 334 | (d) "Office" means the Office of Tourism, Trade, and |
| 335 | Economic Development of the Executive Office of the Governor. |
| 336 | (e) "Owner" means a unit of local government which owns a |
| 337 | motorsports entertainment complex or owns the land on which the |
| 338 | motorsports entertainment complex is located. |
| 339 | (f) "Sanctioning body" means the American Motorcycle |
| 340 | Association (AMA), Championship Auto Racing Teams (CART), Grand |
| 341 | American Road Racing Association (Grand Am), Indy Racing League |
| 342 | (IRL), National Association for Stock Car Auto Racing (NASCAR), |
| 343 | National Hot Rod Association (NHRA), Professional Sportscar |
| 344 | Racing (PSR), Sports Car Club of America (SCCA), United States |
| 345 | Auto Club (USAC), or any successor organization, or any other |
| 346 | nationally recognized governing body of motorsports which |
| 347 | establishes an annual schedule of motorsports events and grants |
| 348 | rights to conduct such events, has established and administers |
| 349 | rules and regulations governing all participants involved in |
| 350 | such events and all persons conducting such events, and requires |
| 351 | certain liability assurances, including insurance. |
| 352 | (g) "Unit of local government" has the meaning ascribed in |
| 353 | s. 218.369. |
| 354 | (2) The Office of Tourism, Trade, and Economic Development |
| 355 | shall serve as the state agency for screening applicants for |
| 356 | local-option funding under s. 218.64(3) and for certifying an |
| 357 | applicant as a motorsports entertainment complex. The office |
| 358 | shall develop and adopt rules for the receipt and processing of |
| 359 | applications for funding under s. 218.64(3). The office shall |
| 360 | make a determination regarding any application filed by an |
| 361 | applicant not later than 120 days after the application is |
| 362 | filed. |
| 363 | (3) Before certifying an applicant as a motorsports |
| 364 | entertainment complex, the office must determine that: |
| 365 | (a) A unit of local government holds title to the land on |
| 366 | which the motorsports entertainment complex is located or holds |
| 367 | title to the motorsports entertainment complex. |
| 368 | (b) The municipality in which the motorsports |
| 369 | entertainment complex is located, or the county if the |
| 370 | motorsports entertainment complex is located in an |
| 371 | unincorporated area, has certified by resolution after a public |
| 372 | hearing that the application serves a public purpose. |
| 373 | (4) Upon determining that an applicant meets the |
| 374 | requirements of subsection (3), the office shall notify the |
| 375 | applicant and the executive director of the Department of |
| 376 | Revenue of such certification by means of an official letter |
| 377 | granting certification. If the applicant fails to meet the |
| 378 | certification requirements of subsection (3), the office shall |
| 379 | notify the applicant not later than 10 days following such |
| 380 | determination. |
| 381 | (5) A motorsports entertainment complex that has been |
| 382 | previously certified under this section and has received funding |
| 383 | under such certification is ineligible for any additional |
| 384 | certification. |
| 385 | (6) An applicant certified as a motorsports entertainment |
| 386 | complex may use funds provided pursuant to s. 218.64(3) only for |
| 387 | the following public purposes: |
| 388 | (a) Paying for the construction, reconstruction, |
| 389 | expansion, or renovation of a motorsports entertainment complex. |
| 390 | (b) Paying debt service reserve funds, arbitrage rebate |
| 391 | obligations, or other amounts payable with respect to bonds |
| 392 | issued for the construction, reconstruction, expansion, or |
| 393 | renovation of the motorsports entertainment complex or for the |
| 394 | reimbursement of such costs or the refinancing of bonds issued |
| 395 | for such purposes. |
| 396 | (c) Paying for construction, reconstruction, expansion, or |
| 397 | renovation of transportation or other infrastructure |
| 398 | improvements related to, necessary for, or appurtenant to the |
| 399 | motorsports entertainment complex, including, without |
| 400 | limitation, paying debt service reserve funds, arbitrage rebate |
| 401 | obligations, or other amounts payable with respect to bonds |
| 402 | issued for the construction, reconstruction, expansion, or |
| 403 | renovation of such transportation or other infrastructure |
| 404 | improvements, and for the reimbursement of such costs or the |
| 405 | refinancing of bonds issued for such purposes. |
| 406 | (d) Paying for programs of advertising and promotion of or |
| 407 | related to the motorsports entertainment complex or the |
| 408 | municipality in which the motorsports entertainment complex is |
| 409 | located, or the county if the motorsports entertainment complex |
| 410 | is located in an unincorporated area, if such programs of |
| 411 | advertising and promotion are designed to increase paid |
| 412 | attendance at the motorsports entertainment complex or increase |
| 413 | tourism in or promote the economic development of the community |
| 414 | in which the motorsports entertainment complex is located. |
| 415 | (7) The Department of Revenue may audit, as provided in s. |
| 416 | 213.34, to verify that the distributions pursuant to this |
| 417 | section have been expended as required in this section. Such |
| 418 | information is subject to the confidentiality requirements of |
| 419 | chapter 213. If the Department of Revenue determines that the |
| 420 | distributions pursuant to certification under this section have |
| 421 | not been expended as required by this section, it may pursue |
| 422 | recovery of such funds pursuant to the laws and rules governing |
| 423 | the assessment of taxes. |
| 424 | Section 6. This act shall take effect July 1, 2006. |